Opinions Nov. 2, 2012

Related News and Opinion

Indiana Court of AppealsJoshua A. Bostic v. State of Indiana
12A02-1202-CR-154
Criminal. Affirms convictions of Cass C felony attempted battery by means of a deadly weapon and criminal recklessness; Class
D felony arson; Class A misdemeanor criminal mischief; and Class B misdemeanor criminal mischief, holding that Bostic waived
his right to appeal under Criminal Rule 4(C) by failing to object to trial delays before the trial court. The court also found
he likewise waived his right to appeal the process for appointing a special judge. Remands to the trial court to correct the
sentencing order, abstract of judgment, and chronological case summary to reflect that Bostic’s 12-year habitual offender
enhancement is an enhancement to his sentence for felony criminal recklessness, and not a separate conviction.

Dennis Leer v. State of Indiana (NFP)
20A04-1204-PC-185
Criminal. Reverses and remands denial of a petition for post-conviction relief, ordering the trial court to correct his sentence
to reflect that the sentence for murder is to be served concurrently with an earlier sentence for attempted murder.

Kirk Lynch v. State of Indiana (NFP)
40A05-1201-CR-26
Criminal. Affirms in a split decision a conviction for Class A felony attempted child molesting, and vacating the conviction
for Class C felony child solicitation, and revises Lynch’s sentence from 40 years with five suspended to probation to
25 years imprisonment with five years suspended to probation. The majority determined the child solicitation count constituted
double jeopardy. Judge Terry Crone agreed, but said Lynch’s 40-year sentence was not inappropriate based on the nature
of his offense and Lynch’s character.